In force · As amended up to 2026-08
(3) The Court or the Commissioner, as the case may be, shall record evidence either in writing or mechanically in the presence of the Judge or of the Commissioner, as the case may be, and where such evidence is recorded by the Commissioner he shall return such evidence together with his report in writing signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the suit.
(5) The report of the Commissioner shall be submitted to the Court appointing the commission within sixty days from the date of issue of the commission unless the Court for reasons to be recorded in writing extends the time.
(6) The High Court or the District Judge, as the case may be, shall prepare a panel of Commissioners to record the evidence under this rule.
1. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 12, for rule 4 (w.e.f. 1-7-2002).
* Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
(4) The Commissioner may record such remarks as it thinks material respecting the demeanour of any witness while under examination:
Provided that any objection raised during the recording of evidence before the Commissioner shall be recorded by him and decided by the Court at the stage of arguments.
(12) Duty to disclose documents, which have come to the notice of a party, shall continue till disposal of the suit.
(2) The evidence (cross-examination and re-examination) of the witness in attendance, whose evidence (examination-in-chief) by affidavit has been furnished to the Court, shall be taken either by the Court or by the Commissioner appointed by it:
Provided that the Court may, while appointing a commission under this sub-rule, consider taking into account such relevant factors as it thinks fit.
(7) The Court may by general or special order fix the amount to be paid as remuneration for the services of the Commissioner.
(9) the written statement or counter-claim shall contain a declaration on oath made by the deponent that all documents in the power, possession, control or custody of the defendant, save and except for those set out in sub-rule (7) (c) (iii), pertaining to the facts and circumstances of the proceedings initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with the written statement or counter-claim and that the defendant does not have in its power, possession, control or custody, any other documents.
1 [ 2 5. How evidence shall be taken in appealable cases.— In case in which an appeal is allowed, the evidence of each witness shall be,—
(a) taken down in the language of the Court,—
(i) in writing by, or in the presence and under the personal direction and superintendence of, the Judge, or
(ii) from the dictation of the Judge directly on a typewriter; or
(b) if the Judge, for reasons to be recorded, so directs, recorded mechanically in the language of the Court in the presence of the Judge.]
(11) The written statement or counter-claim shall set out details of documents in the power, possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have not been disclosed with the plaint, and call upon the plaintiff to produce the same.
(10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, which were in the defendant's power, possession, control or custody and not disclosed along with the written statement or counter-claim, save and except by leave of court and such leave shall be granted only upon the defendant establishing reasonable cause for non-disclosure along with the written statement or counter-claim.
1. The Code of Civil Procedure of 1882 has been in force for 25 years and the experience of those years had shown that the general lines on which it proceeds are sound. The matters in which it has proved defective are for the most part matters of detail and they arise, as it seems to us, mainly from the fact that it is impossible to frame a fixed and rigid Code in such a manner as to sufficiently meet the varying needs of an area so diversified as that to which the Code applies. In our opinion it is essential that there should be some machinery to enable variations to be introduced in procedure to meet the different requirements of different localities as well as to enable defects to be remedied as they are discovered without resort to the tardy process of legislation. We propose to make provisions for these purposes by a rearrangement of the Code. We recommend that matters of mere machinery should be relegated to rules capable of alteration by each High Court subject to certain check, and that those provisions only should be retained in the body of the Code in which some degree of permanence and uniformity is desirable. This rearrangement is in accordance with precedent and possesses advantages so obvious that it is needless to enlarge upon them.
11. Appeals .—As regards appeals from original decree we have departed but slightly from the existing Code. We have thought it advisable to give legislative sanction to the view that no appeal shall lie from a consent decree, or as to costs except by leave of the Court: but the most important change is that incorporated in clause 97 which renders it obligatory upon a party, who considers himself aggrieved by a preliminary decree, to appeal from that decree, at the risk of being precluded from disputing its correctness on an appeal from the final decree. We feel strongly that this is a most useful provision, as tending to that which is so desirable, viz., finality in litigation.
As regards appeals from appellate decrees the only substantial departure from the existing Code is the insertion of clause 103. Experience has shown the desirability of this clause, the effect of which will be to avoid remands, with their consequent delay and expense.
1. Summons.—[1] [(1) When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant:
Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff's claim:
*[Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day as may be specified by the Court, for reasons to be recorded in writing but which shall not be later than ninety days from the date of service of summons.]
(2) A defendant to whom a summons has been issued under sub-rule (1) may appear—
- (a) in person, or
(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or
(c) by a pleader accompanied by some person able to answer all such questions.
(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
In Order V, in Rule 1, for the second proviso, substitute the following proviso, namely;-
2[ 1. Written Statement.— The Defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:
Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.]
*[Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.]
STATE AMENDMENTS
Jammu and Kashmir and Ladakh (UTs). —
In Rule 1, for the proviso thereto, substitute the following proviso, namely,-
1. Rule 5 renumbered as sub-rule 1 by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).
2. Ins. by s. 58, ibid. (w.e.f. 1-2-1977).
* Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
- (d) A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1,000. The two claims being both definite pecuniary demands may be set-off.
- (e) A sues B for compensation on account of trespass. B hold a promissory note for Rs. 1,000 from A and claims to set-off that amount against any sum that A may recover in the suit. B may do so, for, as soon as A recovers, both sums are definite pecuniary demands.
(f) A and B sue C for Rs. 1,000. C cannot set-off a debt due to him by A alone.
(g) A sues B and C for Rs. 1,000. B cannot set-off a debt due to him alone by A.
(h) A owes the partnership firm of B and C Rs. 1,000. B dies, leaving C surviving. A sues C for a debt for Rs. 1,500 due in his
separate character. C may set-off the debt of Rs. 1,000.
1[6A . Counter-claim by defendant.— (1) A defendant in a suit may, in addition to his right of
1. Disclosure and discovery of documents .—(1) Plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint, including:—
(a) documents referred to and relied on by the plaintiff in the plaint;
(b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiff's case;
(c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only--
(i) for the cross-examination of the defendant's witnesses, or
(ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or
(iii) handed over to a witness merely to refresh his memory.
(2) The list of documents filed with the plaint shall specify whether the documents in the power, possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of custody of each document.
1. Disclosure and discovery of documents. —(1) Plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint, including:-
(a) documents referred and relied on by the plaintiff in the plaint;
(b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiffs case; and
(c) nothing in this rule shall apply to documents produced by plaintiffs and relevant only-
- (i) for the cross-examination of the defendant's witnesses, or
- (ii) in answer to any case setup by the defendant subsequent to the filing of the plaint, or
- (iii) handed over to a witness merely to refresh his memory.
(2) The list of documents filed with the plaint shall specify whether the documents in the power,
possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document, mode or execution, issuance or receipt and line of custody of each document.
(3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power,
1. Framing of issues.— (1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other.
(2) Material propositions arc those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.
(3) Each material proposition affirmed by one party and denied by the other shall form the subject of distinct issue.
- (4) Issues are of two kinds:
- (a) issues of fact,
- (b) issues of law.
(5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements if any, and[1] [after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.
(6) Nothing is this rule requires the Court to frame and record issued where the defendant at the first hearing of the suit makes no defence.
2[2. Court to pronounce judgment on all issues.— (1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment on all issues.
1. Court may grant time and adjourn hearing.—[1] [(1) The court may, if sufficient cause is shown, at any stage of the suit, grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three time to a party during hearing of the suit.]
(2) Costs of adjournment.— In every such case the Court shall fix a day for the further hearing of the suit, and[2] [shall make such orders as to costs occasioned by the adjournment or such higher costs as the court deems fit:]
3[Provided that,—
(a) when the hearing of the suit has commenced, it shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds that, for the exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary,
1. Subs. by Act 46 of 1999, s. 26, for sub-rule (1) (w.e.f. 1-7-2002).
2. Subs. by s. 26, ibid., for certain words (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 68, for the proviso (w.e.f. 1-2-1977).
(b) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party,
(c) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment,
1. The Explanation ins. by Act 104 of 1976, s. 68 (w.e.f. 1-2-1977).
2. Subs. by s. 68, ibid ., for certain words (w.e.f. 1-2-1977).
3. Ins. by Act 22 of 2002, s. 12 (w.e.f. 1-7-2002).
* Also see Amendments for Commercial Disputer .
*[(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record.
(3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of the arguments and the citations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party.
(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party.
(3D) The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within a period of not more than one week after the date of conclusion of arguments.
(3E) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(3F) It shall be open for the Court to limit the time for oral submissions having regard to the nature and complexity of the matter.]
1[* * * * *]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
1. Sub-rule (4) omitted by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002).
* Subs. by Act 4 of 2016, s. 16 and Sch., for Sub-rules (3 A ), (3 B ), (3 C ), (3 D ), 3(E) and 3(F), Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
1 [3A. Party to appear before other witnesses.— Where a party himself wishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the Court, for reasons to be recorded, permits him to appear as his own witness at a later stage.]
2 [4. Recording of evidence.— (1) In every case, the examination-in-chief of a witness shall be on affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence:
Provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of such documents which are filed along with affidavit shall be subject to the orders of the Court.
*[(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed simultaneously by that party at the time directed in the first Case Management Hearing.
1[ 1. Modes of paying money under decree .—(1) All money, payable under a decree shall be paid as follows, namely:—
(a) by deposit into the court whose duty it is to execute the decree, or sent to that Court by postal money order or through a bank; or
(b) out of Court, to the decree-holder by postal money order or through a bank or by any other mode wherein payment is evidenced in writing; or
(c) otherwise, as the Court which made the decree, directs.
(2) Where any payments is made under clause (a) or clause (c) of sub-rule (1), the judgment-debtor shall give notice thereof to the decree-holder either through the Court or directly to him by[2] [speed post with registration and proof of delivery].
(3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of sub-rule (1), the money order or payment through bank, as the case may be, shall accurately state the following particulars, namely:—
(a) the number of the original suit;
(b) the names of the parties or where there are more than two plaintiffs or more than two defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;
(c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal, interest or costs;
(d) the number of the execution case of the Court, where such case is pending; and
(e) the name and address of the payer.
1. Rule 41 renumbered as sub-rule (1) by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid ., for "in the case of a corporation" (w.e.f. 1-2-1977).
3. Ins. by s. 72, ibid . (w.e.f. 1-2-1977).
[1] [43A. Custody of movable property.— (1) Where the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed and the attaching officer does not act under the proviso to rule 43, he may, at the instance of the judgment-debtor or of the decree holder or of any other person claiming to be interested in such property, leave it in the village or place where it has been attached, in the custody of any respectable person (hereinafter referred to as the "custodian").
(2) If the custodian fails, after due notice, to produce such property at the place named by the Court before the officer deputed for the purpose or to restore it to the person in whose favour restoration is ordered by the Court, or if the property, though so produced or restored, is not in the same condition as it was when it was entrusted to him,—
(a) the custodian shall be liable to pay compensation to the decree-holder, judgment-debtor or any other person who is found to be entitled to the restoration thereof, for any loss or damage caused by his default; and
(b) such liability may be enforced—
(i) at the instance of the decree-holder, as if the custodian were a surety under section 145;
1. See now the Limitation Act, 1973 (36 of 1963), ss. 4 and 5.
2. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).
3. Subs. by s. 74, ibid ., for rule 1 (w.e.f. 1-2-1977).
the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other person.
- (3) Where the Court is satisfied,—
- (a) that a suit must fail by reason of some formal defect, or
(b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of suit or part of a claim,
it may, on such terms as it thinks fit grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of the claim.
- (4) Where the plaintiff—
- (a) abandons any suit or part of claim under sub-rule (1) , or
(b) withdraws from a suit or part of a claim without the permission referred to in sub-rule (3),
he shall be liable for such costs as the Court may award and shall be precluded from instituting any fresh suit in respect of such subject-matter or such part of the claim.
(5) Nothing in this rule shall be deemed to authorise the Court to permit one of several plaintiffs to abandon a suit or part of a claim under sub-rule (1), or to withdraw, under sub-rule (3), any suit or part of a claim, without the consent of the other plaintiff.]
1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.— (1) Where any officer,[4] [soldier,[5] [sailor] or airman] actually[6] [serving under the Government] in[7] [such] capacity is a party to a suit, and cannot obtain leave of absence for the purpose of prosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead.
(2) The authority shall be writing and shall be signed by the officer,[4] [soldier,[5] [sailor] or airman] in the presence of (a) his commanding officer, or the next subordinate officer, if the party is himself the commanding officer, or (b) where the officer,[4] [soldier,[5] [sailor] or airman,] is serving in military, 2[naval], 8[or air force] staff employment, the head or other superior officer of the office in which he is employed. Such commanding or other officer shall countersign the authority, which shall be filed in Court.
(3) When so filed the countersignature shall be sufficient proof that the authority was duly executed, and that the officer,[4] [soldier[5] [, sailor] or air man] by whom it was granted could not obtain leave of absence for the purpose of prosecuting of defending the suit in person.
1. Provincial Small Cause Courts.— The provisions hereinafter specified shall not extend to Court constituted under the Provincial Small Cause Courts Act 1887 (9 of 1887)[1] [or under the Berar Small Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes[2] [under the said Act or Law][3] [or to Courts in[4] [any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say—
(a) so much of this Schedule as relates to—
1. Ins. by Act 4 of 1941, s. 2, and Sch. III.
2. Subs. by s. 2, and Sch. III, ibid., for "under that Act".
3. Ins. by Act 2 of 1951, s. 18.
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".
(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits;
(ii) the execution of decrees against immovable property or the interest of a partner in partnership property;
(iii) the settlement of issues; and
(b) the following rules and orders:—
Order II, rule 1 (frame of suit);
Order X, rule 3 (record of examination of parties);
Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment;
Order XVIII, rule 5 to 12 (evidence);
Order XLI, to XLV (appeals);
Order XLVII, rules 2, 3, 5, 6, 7 (review);
Order LI.
STATE AMENDMENT
Uttar Pradesh
1. Presidency Small Cause Courts .—Save as provided in rules 22 and 23 of Order V, rules 4 and 7 of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), this Schedule shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay.
APPENDIX A PLEADINGS
(1) Titles of Suits
IN THE COURT OF . ...............................................................................................
A.B. (add description and residence) ..................................................................................... Plaintiff
against
C.D. (add description and residence) .................................................................................... Defendant
(2) Description of parties in particular Cases
1[The Union of India or the State of…………………….., as the case may be.]
__________________
The Advocate General of The Collector of The State of __________________ The A. B. Company, Limited having its registered office at
A. B., a public officer of the C. D. Company.
____________________
A. B. (add description and residence), on behalf of himself and all other creditors of C. D. late of (add description and residence)
___________________
A. B. (add description and residence), on behalf of himself and all other holders of debentures issued by the Company limited.
___________________
1. 2.
No. 4 SECURITY FOR COSTS OF APPEAL (O. 41, r. 10.) (Title)
To
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
This security bond for costs of appeal executed by……………….witnesseth:—
This appellant has preferred an appeal from the decree in Suit No. …………………………………of 20…………….…, against the respondent, and has been called upon to furnish security. Accordingly I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any default on the part of the appellant, I shall duly carry out any order that may be made against me with regard to payment of the costs of appeal. Any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due I and my legal representatives will be personally liable to pay the balance. To this effect, I execute this security bond this ………………….day of…………….20……..
Schedule
Witnessed by 1. 2. (Signed. )
No. 5
INTIMATION TO LOWER COURT OF ADMISSION OF APPEAL
(O. 41, r. 13) (Title)
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
As regards appeals from orders a comparison of clause 104 of the Bill with section 588 of the existing Code would support a prima facie inference that the right of appeal from Orders had been materially curtailed. But this inference is dispelled on looking at sub-clause (h) of clause 104 which allows an appeal from any Order made under Rules from which an appeal is expressly allowed by Rules. We have gone carefully into the question of the cases in which an appeal should be allowed from these Orders and our conclusion is expressed in the Rules themselves.
(8) The provisions of rules 16, 16A, 17 and 18 of Order XXVI, in so far as they are applicable, shall apply to the issue, execution and return of such commission under this rule.]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
In Rule 4, after sub-rule (1), insert the following sub-rules, namely:-
(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed simultaneously by that party at the time directed in the first Case Management Hearing.
(1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving reasons, permitting such additional affidavit is passed by the court.
(1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior to commencement of cross-examination of that witness, without any adverse inference being drawn based on such withdrawal:
Provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such withdrawn affidavit.
[ Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws ) Order, 2020, Notification No. S.O . 3774(E), dated (23-10-2020)].
1. Explanation 1 omitted by Act 104 of 1976, s. 7 (w.e.f. 1-2-1977).
2. Subs. by s. 7, ibid ., for " Explanation II" (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 3, for "the States" (w.e.f. 1-4-1951).
4. S. 21 renumbered as sub-section (1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977).
5. Ins. by s. 8, ibid. (w.e.f. 1-2-1977).
6. Ins. by s. 9, ibid. (w.e.f. 1-2-1977).
Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one
1. Subs. by Act 22 of 2002, s. 6, for sub-rule (1) (w.e.f. 1-7-2002).
* Subs. by Act 4 of 2016, s. 16 and Sch., for the Second Proviso, Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record.
[ Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws ) Order, 2020, Notification No. S.O . 3774(E), dated (23-10-2020)].
1 [2. Copy of plaint annexed to summons.— Every summon shall be accompanied by a copy of the plaint.]
Provided that where the defendant fails to file the written statement with the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record.
[ Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws ) Order, 2020, Notification No. S.O . 3774(E), dated (23-10-2020)].
3[1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.— (1) Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce it in Court when the written statement is presented by him and shall, at the same time, deliver the document and a copy thereof, to be filed with the written statement.
pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:
Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the court.
(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to
pronounce a final judgment in the same suit, both on the original claim and on the counter-claim.
(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within such period as may be fixed by the court.
(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.
(3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents in its power, possession, control or custody.
Explanation. --A declaration on oath under this sub-rule shall be contained in the Statement of Truth as set out in the Appendix.
(4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the above declaration on oath and subject to grant of such leave by Court, the plaintiff shall file such additional documents in Court, within thirty days of filing the suit, along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents, in its power, possession, control or custody.
possession, control, or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents in its power, possession, control or custody.
Explanation. —A declaration on oath under this sub-rule shall be contained in the Statement of Truth as set out in the Appendix I.
(4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such additional documents in court, within thirty days of filing the suit, along with a declaration on oath that the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have any other documents, in its power, possession, control or custody.
(5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff's power, possession, control or custody and not disclosed along with plaint or within the extended period set out above, save and except by leave of court and such leave shall be granted only upon the plaintiff establishing reasonable cause for non-disclosure along with the plaint.
(2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if the issue relates to—
- (a) the jurisdiction of the Court, or
- (b) a bar to the suit created by any law for the time being in force,
and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision on that issue.]
(d) where the illness of a pleader or his inability to conduct the case for any reason, other than his being engaged in another Court, is put forward as a ground for adjournment, the Court shall not grant the adjournment unless it is satisfied that the party applying for adjournment could not have engaged another pleader in time,
(e) where a witness is present in Court but a party or his pleader is not present or the party or his pleader, though present in Court, is not ready to examine or cross-examine the witness, the Court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be, by the party or his pleader not present or not ready as aforesaid.]
In Rule 2, after sub-rule (3), insert the following sub-rules, namely:-
(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the court and such written arguments shall form part of the record.
(3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of the arguments and the citations of judgments being relied upon by the party and include copies of such judgments being relied upon by the party.
(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party.
(3D) The court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within a period of not more than one week after the date of conclusion of arguments.
(3E) No adjournment shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(3F) It shall be open for the court to limit the time for oral submissions having regard to the nature and complexity of the matter.
[ Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws ) Order, 2020, Notification No. S.O . 3774(E), dated (23-10-2020)].
(1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving reasons, permitting such additional affidavit is passed by the Court.
(1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior to commencement of cross-examination of that witness, without any adverse inference being drawn based on such withdrawal:
Provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such withdrawn affidavit.]
(4) On any amount paid under clause (a) or clause (c) of sub-rule (1), interest, if any, shall cease to run from the date of service of the notice referred to in sub-rule (2).
(5) On any amount paid under clause (b) of sub-rule (1), interest, if any, shall cease to run from the
date of such payment:
Provided that, where the decree-holder refuses to accept the postal money order or payment through a bank, interest shall cease to run from the date on which the money was tendered to him, or where he avoids acceptance of the postal money order or payment through bank, interest shall cease to run from the date on which the money would have been tendered to him in the ordinary course of business of the postal authorities or the bank, as the case may be.]
(ii) at the instance of the judgment-debtor or such other person, on an application in execution; and
(c) any order determining such liability shall be appealable as a decree.]
1[1A.When transposition of defendants as plaintiffs may be permitted.— Where a suit is withdrawn or abandoned by a plaintiff under rule 1, and a defendant applies to be transposed as a plaintiff under rule 10 of Order I, the Court shall, in considering such application, have due regard to the question whether the applicant has a substantial question to be decided as against any of the other defendants.]
— Explanation. In this Order the expression "commanding officer" means the officer in actual command for the time being of any regiment, corps,[2] [ship,] detachment or depot to which the officer, 4[soldier 5[, sailor] or airman] belongs.
Amendment of the First Schedule.— In the First Schedule to the said Code, in the Order L, in rule 1, in clause (b) for the words and figures "Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment", the words as figures "Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment and rule 5" shall be substituted.
[ Vide Uttar Pradesh Act 19 of 1973, s. 3]
ORDER LI
PRESIDENCY SMALL CAUSE COURTS
The Official Receiver.
A. B. a minor (add description and residence) , by C. D. [or by the Court of Wards], his next friend.
A. B. (add description and residence), a person of unsound mind [or of weak mind], by. C. D. his next friend.
A. B. a firm carrying on business in partnership at
A. (add description and residence) , by his constituted attorney C. D. (add description and residence ).
A. B. (add description and residence) , Shebait of Thakur.
A. B. (add description and residence), executor of C. D. deceased.
A. B. (add description and residence), heir of C. D. deceased.
1. Subs. by the A. O. 1950, for "The Secretary of State or the Federation of India or the Province of……………., as the case may be".
(3) Plaints
No. 1
MONEY LENT
(Title)
A. B., the above named plaintiff, states as follows:—
You are hereby directed to take notice that……………………, the………………….........in the above suit, has preferred an appeal to this Court from the decree passed by you therein on the…………............... day of…………………..20………….
You are requested to send with all practicable despatch all material papers in the suit.
Dated the………………day of………………..20……………….
Judge.
No. 6
NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL
(O. 41, r. 14) (Title)
Appeal from the……………of the Court…………………………..of………………………....... dated……………………the……………………..day of…………….20………
T o …………………………………………………………………………………………………… Respondent
Take notice that an appeal from the decree of………………………………in this case has been presented by…………………………………and registered in this Court, and that the…………day of………20……….. has been fixed by this Court for the hearing of this appeal.
If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorised to act for you in this appeal, it will be heard and decided in your absence.
GIVEN under my hand and the seal of the Court, this…………day of……………………20......
Judge.
[NOTE—If a stay of execution has been ordered intimation should be given of the fact on this notice.]
No. 7
NOTICE TO A PARTY TO A SUIT NOT MADE, A PARTY TO THE APPEAL BUT JOINED BY THE COURT AS A RESPONDENT (O. 41, r. 20.) (Title)
T o
. . . .. . .. . .. . .. . .. . .
. . . .. . .. . .. . .. . .. . .
No. 8 LETTER OF REQUEST. (O. 26, r.5.) (Title)
(Heading:—To the President and Judges of, etc., etc., or as the case may be.)
WHEREAS a suit is now pending in the………………………………………………...in which A. B. is plaintiff and C.D. is defendant; And in the said suit the plaintiff claims.
(Abstract of claim.)
And whereas it has been represneted to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say:
E. F., of G. H., of I. J., of and
And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;
1. Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977).
2. Section 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).
3. Ins. by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).
4. Section 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3.
5. The words "with the previous sanction of the G.G. in C." omitted by Act 38 of 1920, s. 2 and the Schedule.
6. Added by Act 1 of 1914, s. 3.
7. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
Delegation to Collector of Power to execute decrees
against immovable property
68. [ Power to prescribe rules for transferring to collector execution of certain decrees .] — Rep.
by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7 ( w.e.f. 1-1-1957) .
69. [ Provisions of Third Schedule to apply. ] — Rep. by s. 7 ibid, ( w.e.f. 1-1-1957) .
70. [ Rules of Procedure. ] — Rep. by s. 7 ibid, ( w.e.f. 1-1-1957) .
71. [ Collector deemed to be acting judicially. ] — Rep. by s. 7 ibid, ( w.e.f. 1-1-1957) .
72. [ Where Court may authorize Collector to stay Public Sale of Land. ] — Rep. by s. 7, ibid.
- ( w.e.f. 1-1-1957) .
Distribution of assets
(2) Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.
1. Subs. by Act 104 of 1976, s. 58, for the former heading (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f. 1-7-2002).
3. Ins. by Act 46 of 1999, s.18 (w.e.f. 1-7-2002).
* Subs. by Act 4 of 2016, s. 16 and Sch., for the Proviso, Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
1[(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.]
- (4) Nothing in this rule shall apply to documents—
- (a) produced for the cross-examination of the plaintiff's witnesses, or
- (b) handed over to a witness merely to refresh his memory.]
(5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff's power, possession, control or custody and not disclosed along with plaint or within the extended period set out above, save and except by leave of Court and such leave shall be granted only upon the plaintiff establishing reasonable cause for non-disclosure along with the plaint.
* Subs. by act 4 of 2016, s. 16 and Sch., for Order XI, Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
(6) The plaint shall set out details of documents, which the plaintiff believes to be in the power, possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave for production thereof by the said defendant.
(7) The defendant shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the written statement or with its counter-claim if any, including—
(a) the documents referred to and relied on by the defendant in the written statement;
(b) the documents relating to any matter in question in the proceeding in the power, possession, control or custody of the defendant, irrespective of whether the same is in support of or adverse to the defendant's defence;
(c) nothing in this Rule shall apply to documents produced by the defendants and relevant only--
(6) The plaint shall set out details of documents, which the plaintiff believes to be in the power, possession, control or custody or the defendant and which the plaintiff wishes to rely upon and seek leave for production thereof by the said defendant.
WHEREAS you were a party in Suit No…………………….of 20……………………, in the Court of,………………………., and whereas the…………………has preferred an appeal to this Court from the decree passed against him in the said suit and it appears to this Court that you are interested in the result of the said appeal:
This is to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the…………………….day of……………..20……., at…….. A. M. If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence.
GIVEN under my hand and the seal of the Court, this…………..day of…………….20……….……….
Judge.
No. 8
MEMORANDUM OF CROSS OBJECTION
(O. 41, r. 22)
(Title)
WHEREAS the………………has preferred an appeal to the…………………Court…………… at…………from the decree of……………...…in Suit No………………………of 20………………….…. dated the……………… day of…………………………..20………………, and whereas notice of the day fixed for hearing the appeal was served………………………………..on the………………………….day
of……………………20………………………..….., the files this memorandum of cross objection under
rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:—
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DECREE IN APPEAL
(O. 41, r. 35)
(Title)
Now I…………………………………., as the………………………………. of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the President and Judges of the said……………….,or some one or more of you, will be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination.
And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court.
THE FIRST SCHEDULE
ORDER I
Parties to Suits
1 [1. Who may be joined as plaintiffs.— All persons may be joined in one suit as plaintiffs where—
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and
(b) if such persons brought separate suits, any common question of law or fact would arise.]
- (i) for the cross-examination of the plaintiff's witnesses,
- (ii) in answer to any case set up by the plaintiff subsequent to the filing of the plaint, or
- (iii) handed over to a witness merely to refresh his memory.
(8) The list of documents filed with the written statement or counter-claim shall specify whether the documents, in the power, possession, control or custody of the defendant, are originals, office copies or photocopies and the list shall also set out in brief, details of parties to each document being produced by the defendant, mode of execution, issuance or receipt and line of custody of each document.
(9) The written statement or counter-claim shall contain a declaration on oath made by the deponent that all documents in the power, possession, control or custody of the defendant, save and except for those set out in sub-rule (7) (c) (iii) pertaining to the facts and circumstances of the proceedings initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with the written statement or counter-claim and that the defendant does not have in its power, possession, control or custody, any other documents.
Appeal No. …………………………….of 20…....................................from the decree of the Court of ………………..dated the……………….day of……………………20…………..
Memorandum of Appeal.
…………………………………………………………………………………………………………….Plaintiff. versus …………………………………………………………………………………………………………. Defendant. The………………………..above-named appeals to the…………………….Court at……….........from the decree of………………….in the above suit dated the……………………….day of…………… 20…………., for the following reasons, namely:—
This appeal coming on for hearing on the…..……………..day of…………….20…………….., before in the presence of………….or the appellant and of……………………….for the respondent, it is ordered—
The costs of this appeal, as detailed below, amounting to Rs…………………………..are to be paid by………………………The cost of the original suit are to be paid by……………………….. GIVEN under my hand this………………………..day of………………………20………….
Judge.
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No. 10
APPLICATION TO APPEAL IN forma pauperis.
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I…………………the…………………………………………above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.
Annexed is a full and true schedule of all the moveable and immoveable property belonging to me with the estimated value thereof.
Dated the…………………….day of…………………..20……………….
(Signed.)
Note. —If the request is directed to a Foreign Court, the words "through[1] [the Ministry of External Affairs of the Government of India] for transmission" should be inserted after the words "other witnesses" in the last line of this form.
1. Subs. by the A. O. 1950, for "His Majesty's Secretary of State for Foreign Affairs".
No. 9
COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS.
(O. 26, rr. 9,11.)
(Title)
To
WHEREAS it is deemed requisite, for the purposes of this suit, that a commission for.........................
should be issued; You are hereby appointed Commissioner for the purpose of............................................ Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application.
A sum of Rs...................................... , being your fee in the above, is herewith forwarded.
GIVEN under my hand and the seal of the Court, this.............................day of......................20……..
Judge.
No. 10
COMMISSION TO MAKE A PARTITION (O. 26, r. 13.).
(Title)
To
1. Frame of suit. —Every suit shall as far as practicable be framed so as to afford ground for final decision upon the subjects in dispute and to prevent further litigation concerning them.
2 . Suit to include the whole claim.— (1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of his claim in order to bring the suit within the jurisdiction of any Court.
(2) Relinquishment of part of claim.— Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
(3) Omission to sue for one of several reliefs.— A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
Explanation.— For the purposes of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.
[NOTE .— Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.]
No. 11
NOTICE OF APPEAL IN forma pauperis.
(O . 44, r. 1.)
(Title.)
WHEREAS the above-named…………………………...has applied to be allowed to appeal as a pauper from the decree in the above suit dated the…………………..day of…………........... 20…..……………… and whereas the……………………day of……………20…………………….., has been fixed for hearing the application, notice is hereby given to you that if you desire to show cause why the applicant should not be allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.
GIVEN under my hand and the seal of the Court, this…………….day of………………………..20....
Judge.
No. 12
NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE[1] [SUPREME COURT] SHOULD NOT BE GRANTED.
(O. 45, r. 3.)
(Title)
T o
2[TAKE notice that…………………………………………………………………….has applied to this Court for a certificate—
(i) that the case involves a substantial question of law of general importance, and
(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]
The ……………………………day of…………………..20……….is fixed for you to show cause why the Court should not grant the certificate asked for.
GIVEN under my hand and the seal of the Court, this…………….day of…………………………20....
Registrar.
No. 13
WHEREAS it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, the decree of this Court, dated the.............................. day of.........................................20......................;You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot such shares to be several parties. You are hereby authorized to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares.
Process to compel the attendance before you of any witness, or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application.
A sum of Rs................, being your fee in the above, is herewith forwarded.
GIVEN under my hand and the seal of the Court, this....................day of....................... 20……..
Judge.
1[ No.11
NOTICE TO CERTIFICATED, NATURAL, OR, de facto GUARDIAN
(O. XXXII, r. 3.)
(Title)
(Certificated/Natural/de facto Guardian)
To
1. See now the Limitation Act, 1963 (36 of 1963), s. 21.
2. Ins. by Act 104 of 1976, s. 52 (w.e.f. 1-2-1977).
3. Subs. by s. 52, ibid ., for "the suit" (w.e.f. 1-2-1977).
Illustration
A lets a house to B at a yearly of rent Rs. 1,200. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. A sues B in 1908 only for the rent due for 1906. A shall not afterwards sue B for the rent due for 1905 or 1907.
WHEREAS an application has been presented on the part of the plaintiff*/on behalf of the minor defendant*/in the above suit for the appointment of a guardian for the suit for the minor defendant, you (insert the name of the guardian appointed or declared by Court, or natural guardian, or the person in whose care the minor is) are hereby required to take notice that unless you appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express your consent to act as guardian for the suit for the minor, the Court will proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.
GIVEN under my hand and the seal of the Court, this........................... day of......................20………..
Judge.
No. 11A
NOTICE TO MINOR DEFENDANT
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T o
Minor Defendant
WHEREAS an application has been presented on the part of the plaintiff in the above suit for the appointment of..............................* as guardian for the suit for you, the minor defendant, you are hereby required to take notice to appear in this Court in person on the....................day of..........20......................,at......................O'clock in the forenoon to show cause against the application, failing which the said application will be heard and determined ex parte.
1. Appearances, etc., may be in person, by recognized agent or by pleader.— Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader[1] [appearing, applying or acting, as the case may be,] on his behalf:
Provided that any such appearance shall, if the Court so directs, be made by the party in person.
1. Suit to be commenced by plaint.— (1) Every suit shall be instituted by presenting[3] [plaint in duplicate to the Court] or such officer as it appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.
4[(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).]
1. Consolidation of suits and proceedings— When two or more suits or proceedings are pending in the same court, and the court is of opinion that it is expedient in the interest of justice, it may by order direct their joint trial, whereupon all such suits and proceedings may be decided upon the evidence in all or any such suits or proceedings. "
[ Vide Uttar Pradesh Act 57 of 1976, s. 5]
Amendment of Order VI.— In the First Schedule, in Order VI, in rule 15, in sub-rule (1), for the words "at the foot", the following words shall be substituted, namely :—
"on oath administered by an officer empowered under section 139 of the Code,".
[ Vide Uttar Pradesh Act 57 of 1976, s. 6]
______
ORDER V
Issue and service of summons
Issue of Summons
1. Certain words omitted by Act 37 of 2025, s. 3 and Sch. II (w.e.f. 20-12-2025).
2. Subs. by s. 3 and Sch. II, ibid. , for certain words (w.e.f. 20-12-2025).
in person, and the defendant has no agent empowered to accept the service, it may be made on any agent of the defendant in charge of the property.
1 [15. Where service may be on an adult member of defendant's family. — Where in any suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on his at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member of the family, whether male or female, who is residing with him.
Explanation. —A servant is not a member of the family within the meaning of this rule.]
1. Pleading.— "Pleading" shall mean plaint or written statement.
1 [2. Pleading to state material facts and not evidence.— (1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.
(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.
(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.]
1. Particulars to be contained in plaint.— The plaint shall contain the following particulars:—
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;
(e) the facts constituting the cause of action and when it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed, or relinquished; and
(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.
1. Parties to appear on day fixed in summons for defendant to appear and answer.— On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court.
1[2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.— Where on the day so fixed it is found that summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may make an order that the suit be dismissed:
Provided that no such order shall be made, if notwithstanding such failure, the defendant attends in person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer.]
1. Ascertainment whether allegations in pleadings are admitted or denied.— At the first hearing of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials.
3[1A. Direction of the court to opt for any one mode of alternative dispute resolution.— After recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the settlement outside the court as specified in sub-section (1) of section 89. On the option of the parties, the court shall fix the date of appearance before such forum or authority as may be opted by the parties.
1B . Appearance before the conciliatory forum or authority.— Where a suit is referred under rule 1A, the parties shall appear before such forum or authority for conciliation of the suit.
1. Discovery by interrogatories.— In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such person is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.
1. This rule is not applicable to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of 1925), s. 16(2).
2. Subs. by Act 46 of 1999, s. 20, for certain words (w.e.f. 1-7-2002).
3. Ins. by s. 21, ibid. (w.e.f. 1-7-2002).
4. Subs. by Act 104 of 1976, s. 61, for certain words (w.e.f. 1-2-1977).
1. Notice of admission of case.— Any party to a suit may give notice, by his pleading, or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.
1. Scope of and classes of suits to which this Order applies.— (1) This Order sets out the procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording oral evidence.
(2) For the purposes of this Order, the word "claim" shall include—
(a) part of a claim;
(b) any particular question on which the claim (whether in whole or in part) depends; or
(c) a counter-claim, as the case may be.
(3) Notwithstanding anything to the contrary, an application for summary judgment under this Order
shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit under Order XXXVII.
1. Parties not at issue.— (1) Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment.
1. First Case Management Hearing.— The Court shall hold the first Case Management Hearing, not later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties to the suit.
1. First Case Management Hearing.— The court shall hold the first Case Management Hearing, not later than four week's from the date of filing of affidavit of admission or denial of documents by all parties to the suit.
1. Definitions.— In this Order,—
(a) "detained" includes detained under any law providing for preventive detention;
- (b) "prison" includes—
(i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; and
- (ii) any reformatory, borstal institution or other institution of a like nature.
1. Right to begin.— The plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and contents that either in point of law or on some additional facts alleged by the defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant has the right to begin.
1. Power to order any point to be proved by affidavit.— Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable:
Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit.
1. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2) .
2. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
3. Subs. by s. 70, ibid. , for "names and descriptions of the parties" (w.e.f. 1-2-1977).
4. Subs. by Act 46 of 1999, s. 28, for rules 6A and 6B (w.e.f. 1-7-2002).
5. Subs. by Act 104 of 1976, s. 70, for certain words (w.e.f. 1-2-1977).
decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.
(2) Order, after decree, for payment by instalments.— After the passing of any such decree the Court may, on the application of the judgment-debtor and with the consent of the decree-holder, order that payment of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payment of interest, the attachment of the property of the judgment-debtor, or the taking of security from him, or otherwise, as it thinks fit.
1. Provisions relating to certain items.— Without prejudice to the generality of the provisions of this Code relating to costs, the Court may award costs in respect of,—
1. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
2. Ins. by s. 71, ibid . (w.e.f. 1-2-1977).
(a) expenditure incurred for the giving of any notice required to be given by law before the institution of the suit;
(b) expenditure incurred on any notice which, though not required to be given by law, has been given by any party to the suit to any other party before the institution of the suit;
(c) expenditure incurred on the typing, writing or printing of pleadings filed by any party;
(d) charges paid by a party for inspection of the records of the Court for the purposes of the suit;
(e) expenditure incurred by a party for producing witnesses, even though not summoned through Court; and
(f) in the case of appeals, charges incurred by a party for obtaining any copies of judgments and decrees which are required to be filed along with the memorandum of appeal.
1. Ss. 46A to 46-I ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
terms, if any, with respect to the lien, charge or interest, as the case may be, of such third or other person or persons as it may deem fit and proper.
1. No abatement by party's death if right to sue survives.— The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.
1. Deposit by defendant of amount in satisfaction of claim.— The defendant in any suit to recover a debt or damages may, at any stage of the suit, deposit in Court such sum of money as he considers a satisfaction in full of the claim.
1. Cases in which Court may issue commission to examine witness.— Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it:
1[Provided that a commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.
Explanation.— The Court may, for the purpose of this rule, accept a certificate purporting to be signed by a registered medical practitioner as evidence of the sickness or infirmity of any person, without calling the medical practitioner as a witness.]
1. Suits by or against Government.— In any suit by or against[3] [the Government], the plaint or written statement shall be signed by such person as the Government may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case.
1. Notice to the Attorney General or the Advocate-General.— In any suit in which it appears to the Court that[4] [any such question as is referred to[5] [in clause (1) of Article 132, read with Article 147 of the Constitution,] is involved, the Court shall not proceed to determine that question until after notice has been given to[6] [the Attorney General for India] if the question of law concerns the Central Government and to the Advocate-General of the State if the question of law concerns a State Government.
3 [1A. Procedure in suits involving validity of any statutory instrument.— In any suit in which it appears to the Court that any question as to the validity of any statutory instrument, not being a question of the nature mentioned in rule l, is involved, the Court shall not proceed to determine that question except after giving notice—
(a) to the Government pleader, if the question concern the Government, or
(b) to the authority which issued the statutory instrument, if the question concerns an authority other than Government.]
1. Subscription and verification of pleading.— In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the secretary or by any director or other principal officer of the corporation who is able to depose to the facts of the case.
1. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977).
2. Ins. by Act 35 of 1934, s. 2 and Sch.
3. Ins. by Act 10 of 1927, s. 2 and Sch. I.
4. Subs. by s. 2, ibid ., and Sch. I, for "or soldier" and "or a soldier".
5. Ins. by Act 35 of 1934, s. 2 and Sch.
6. Subs. by the A.O. 1937, for "serving the Government".
7. Subs. by Act 35 of 1934, s. 2 and Sch., for "a military or air force".
8. Ins. by Act 10 of 1927, s. 2 and the Sch.
1. Suing of partners in name of firm.— (1) Any two or more persons claiming or being liable as partners and carrying on business in,[1] [India] may sue or be sued in the name of the firm (if any) of which such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in such case apply to the Court for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, partners in such firm, to be furnished and verified in such manner as the Court may direct.
(2) Where persons sue or are sued partners in the name of their firm under sub-rule (1) , it shall, in the case of any pleading or other document required by or under this Code to be signed, verified or certified by the plaintiff of the defendant, suffice such pleading or other document is signed, verified or certified by any one of such persons.
1. Representation of beneficiaries in suits concerning property vested in trustees, etc.— In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made parties.
1. Minor to sue by next friend.— Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
2[ Explanation. —In this Order, "minor" means a person who has not attained his majority within the meaning of section 3 of the Indian Majority Act, 1875 (9 of 1875) where the suit relates to any of the matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.]
1. Application of the Order.— (1) The provisions of this Order shall apply to suits or proceedings relating to matters concerning the family.
(2) In particular, and without prejudice to the generality of the provisions of sub-rule (1), the provisions of this Order shall apply to the following suits or proceedings concerning the family, namely:—
(a) a suit or proceeding for matrimonial relief, including a suit or proceedings for declaration as to the validity of a marriage or as to the matrimonial status of any person;
(b) a suit or proceeding for a declaration as to legitimacy of any person;
(c) a suit or proceeding in relation to the guardianship of the person or the custody of any minor or other member of the family, under a disability;
(d) a suit or proceeding for maintenance;
(e) a suit or proceeding as to the validity or effect of an adoption;
(f) a suit or proceeding, instituted by a member of the family, relating to wills, intestacy and succession;
(g) a suit or proceeding relating to any other matter concerning the family in respect of which, the parties are subject to their personal law.
(3) So much of this Order as relates to a matter provided for by a special law in respect of any suit or proceeding shall not apply to that suit or proceeding.
1. Suits may be instituted by[2] [indigent persons.]— Subject to the following provisions, any suit may be instituted by an[2] [indigent person].
- 3[ Explanation I . —A person is an indigent person, —
(a) If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Explanation II.— Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.
Explanation III— Where the plaintiff sues in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity. ]
1. Plaint in interpleader suit.— In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state—
(a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs;
(b) the claims made by the defendants severally; and
(c) that there is no collusion between the plaintiff and any of the defendants.
1. Power to state case for Court's opinion.— (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such question,—
(a) a sum of money fixed by the parties or to be determined by the Court shall be paid by one of the parties to the other of them; or
(b) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or
(c) one or more of the parties shall do, or refrain from doing, some other particular act specified in the agreement.
(2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and shall concisely state such facts and specify such documents as may be necessary to enable the Court to decide the question raised thereby.
3[ 1. Courts and classes of suits to which the Order is to apply.— (1) This Order shall apply to the following Courts, namely:—
(a) High Courts, City Civil Courts and Courts of Small Causes; and
- (b) other Courts:
Provided that in respect of the Courts referred to in clause (b) , the High Court may, by notification in the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper, and may also, from time to time, as the circumstances of the case may require, by subsequent notification in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the operation of this Order as it deems proper.
(2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, namely:—
(a) suits upon bills of exchange, hundies and promissory notes;
(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising,—
(i) on a written contract, or
(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or
(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated demand only.]
4[(iv) Suit for recovery of receivables instituted by any assignee of a receivable.]
1. Where defendant may be called upon to furnish security for appearance.— Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d) , the Court is satisfied, by affidavit or otherwise,—
(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to obstruct or delay the execution of any decree that may be passed against him,—
- (i) has absconded or left the local limits of the jurisdiction of the Court, or
(ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or
(iii) has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof, or
(b) that the defendant is about to leave[1] [India] under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit,
the Court may issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not furnish security for his appearance:
Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff's claim; and such sum shall be held in deposit by the Court until the suit is disposed of or until the further order of the Court.
1. Cases in which temporary injunction may be granted.— Where in any suit it is proved by affidavit or otherwise—
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 3[defrauding] his creditors,
4 [(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]
the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property[4] [or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders.
1. Sub-rules (3) and (4) omitted by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977).
2. Ins. by s. 86, ibid . (w.e.f. 1-2-1977).
3. Subs. by Act 37 of 2025, s. 3 and Sch. II for, "registered post" (w.e.f. 20-12-2025).
1. Appointment of receivers.— (1) Where it appears to the Court to be just and convenient, the Court may by order—
(a) appoint a receiver of any property, whether before or after decree;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management of the receiver; and
(d) confer upon the receiver all such powers, as to bringing and defending suits and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit.
(2) Nothing in this rule shall authorise the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove.
1. Form of appeal. What to accompany memorandum.— (1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the[1] [Judgment].
2[Provided that where two or more suits have been tried together and a common judgment has been delivered therefor and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing of more than one copy of the judgment.]
(2) Contents of memorandum.— The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the decree appealed from without any argument or narrative; and such grounds shall be numbered consecutively.
2[(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in respect thereof as the Court may think fit.]
1. See order XXVII, rule 8A, supra .
2. Subs. by Act 46 of 1999, s. 31, for rule 9 (w.e.f. 1-7-2002).
3. Subs. by Act 2 of 1951, s. 3, for "the States".
4. Subs. by Act 46 of 1999, s. 31, for sub-rule (1) (w.e.f. 1-7-2002).
5. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
6. Subs. by Act 46 of 1999, s. 31, for sub-rule (2) (w.e.f. 1-7-2002).
1. Procedure.— The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.
1 [2. Power of Court to direct that the appeal be heard on the question formulated by it.— At the time of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate the substantial question of law as required by section 100, and in doing so, the Court may direct that the second appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground in the appeal without the leave of the Court, given in accordance with the provision of section 100.
1. Appeal from orders.— An appeal shall lie from the following orders under the provisions of section 104, namely: —
(a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court 2[except where the procedure specified in rule 10A of Order VII has been followed];
3 * * * * *
(c) [.] an order under rule 9 of order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;
(d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte;
3* * * * * (f) an order under rule 21 of Order XI;
3* * * * *
(i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement;
(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
1. Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977).
2. Ins. by s. 89, ibid (w.e.f. 1-2-1977).
1. Who may appeal[4] [as an indigent person]. —[5] [(1)] Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as an[6] [indigent person], subject, in all matters, including the presentation of such application, to the provisions relating to suits by[4] [indigent persons], in so far as those provisions are applicable.
7 * * * * *
8 * * * * *
9 [2. Grant of time for payment of court-fee.— Where an application is rejected under rule 1, the Court may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been paid in the first instance.
1. "Decree" defined. —In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a final order.
1. Reference of question to High Court.— Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer such statement with its own opinion on the point for the decision of the High Court.
1. Application for review of judgment. —(1) Any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,
(b) by a decree or order from which no appeal is allowed, or
- (c) by a decision on a reference from a Court of Small Causes,
and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.
(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is
1. Ins. by Act 24 of 1951, s. 2.
common to the applicant and the appellant, or when, being respondent, he can present to the Appellate Court the case on which he applied for the review.
1[ Explanation . — The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment.]
1. Process to be served at expense of party issuing.— (1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs.
(2) Costs of service.— The court-fee chargeable for such service shall be paid within a time to be fixed-before the process is issued.
2 . Orders and notices how served.— All orders, notices and other documents required by this Code to be given to or served on any person shall be served in the manner provided for the service of summons.
1. Who may serve processes of High Court.— Notice to produce documents, summonses to witnesses, and every other judical process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or by persons employed by them, or by such other persons as the High Court, by any rule or order, directs.
1. On the………………………………day of………..20……………., he lent the defendant
- ……..rupees repayable on the………………………day of…………………………………..
1. On the………………day of………….…20……, the plaintiff agreed to buy and the defendant
agreed to sell…………..bars of silver at…………annas per tola of fine silver.
1. On the………………day of…………20……., E.F. sold and delivered to the defendant [one hundred barrels of flour, or the goods mentioned in the schedule hereto annexed, or sundry goods.]
1. On the…………..day of…………..……20………, plaintiff sold and delivered to the defendant [sundry articles of house-furniture], but no express agreement was made as to the price.
2. The goods were reasonably worth …………..rupees.
1. On the………….day of…………..…….…20……..…….., E.F. agreed with the plaintiff that the plaintiff should make for him [ six tables and fifty chairs ] and that E.F. should pay for the goods on delivery………. rupees.
1. On the………….day of………….…20……….., the plaintiff put up at auction sundry [goods], subject to the condition that all goods not paid for and removed by the purchaser within [ ten days ] after the sale should be re-sold by auction on his account, of which condition the defendant had notice.
1. Between the……………. day of…………….……20………. , and the……… day of…………
……20……at……………, plaintiff [ executed sundry drawings, designs and diagrams ] for the defendant,
at his request; but no express agreement was made as to the sum to be paid for such services.
2. The services were reasonably worth………rupees.
1. On the……………day of……………..…20………, at……………. the plaintiff built a house [known as No. ………………, in…..], and furnished the materials therefor, for the defendant, at his request, but no express agreement was made as to the amount to be paid for such work and materials.
2. The work done and materials supplied were reasonably worth…… rupees.
1. That the defendant occupied the [house No……....,……....…..Street], by permission of the said
X.Y., from the…….day of………………..…20…............. , until the day of……………20.…., and no agreement was made as to payment for the use of the said premises.
1. On the…….day of……….…20…, the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused to pay]; agreed in writing to submit the difference to the arbitration of E.F. and G.H. and the original document is annexed hereto.
1. On the…………day of…………20……., at…….in the State [or Kingdom] of….., the….. Court of that State [or Kingdom,] in a suit therein pending between the plaintiff and the defendant, duly adjudged that the defendant should pay to the plaintiff…………………………rupees, with interest from the said date.
1. On the………..day of……………20..., E. F. hired from the plaintiff for the term of……..years, the [house No……………., ………………street], at the annual rent of………rupees, payable [monthly].
1. On the…………….day of………20…..., the plaintiff and defendant entered into an agreement, and the Original document is hereto annexed.
[ Or, on the…………day of………………20…….., the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas of land in the village of……….for……. rupees.]
1. On the……………day of…………20….., the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff on the…………..day of……........…20..…..., and that the plaintiff should pay there for…….. ….rupees on delivery.
1. On the……………day of…………20...….., the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may be ] , and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for his services………rupees [monthly].
1. On the………day of……….……20……, the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at as [annual] salary of…..rupees, and that the defendant should serve the plaintiff as [an artist] for the term of [one year].
1. On the………….day of……….……20….., the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. [ Or state the tenor of the contract .]
[2. The plaintiff duly performed all the conditions of the agreement on his part.]
1. On the………day of……..……20…......... , the plaintiff took E.F. into his employment as a clerk.
1. On the..............day of.......................20.….., the plaintiff and defendant, being partners in trade under the style of A. B. and C.D., dissolved the partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff against all claims that might be made upon him on account of any indebtedness of the firm.
1. On the ............... day of ........... .......20.…., the defendant, for the purpose of inducing the plaintiff to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, and worth............rupees over all his liabilities].
1. On the..........day of.................20.....…., the defendant, represented to the plaintiff that E.F., was solvent and in good credit, and worth................rupees over all his liabilities [or that E.F., then held a responsible situation and was in good circumstances, and might safely be trusted with goods on credit].
1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called..........and situate in...........and of a well therein, and of water in the well, and was entitled to the use and benefit of the well and of the water therein, and to have certain springs and streams of water which flowed and ran into the well to supply the same to flow or run without being fouled or polluted.
1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called..........situate in...................
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of ................ ].
1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from.................. to......... so as to obstruct it.
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a [stream] known as the......... , in the village of........... , district of..........
1. The plaintiff is, and was at the times hereinafter mentioned was, possessed of certain lands situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the said lands.
1. On the ............ day of.............20........., the defendants were common carriers of passengers by railway between ....... ...... and ...................
1. The plaintiff is a shoemaker, carrying on business at …………The defendant is a merchant
of ……………………
1. On the ………….. day of ………………..…20.....……, the defendant obtained a warrant of arrest from …….…… [a Magistrate of the said city, or as the case may be ] on a charge of …….…, and the plaintiff was arrested thereon, and imprisoned for ……………. [days, or hours, and gave bail in the sum of …………… rupees to obtain his release].
1. On the …………….. day of ……………20…...…, plaintiff owned [ or state facts showing a right to the possession ] the goods mentioned in the schedule hereto annexed [ or describe the goods, ] the estimated value of which is ………………. rupees.
1. On the …………... day of ….……..……20……., the defendant C.D., for the purpose of including the plaintiff to sell him certain goods, represented to the plaintiff that [he was solvent, and worth ……… rupees over all his liabilities].
1. On the ……………. day of ………………………20……….., the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at ……………., contained [ten bighas].
1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house No.....................Street, Calcutta].
1. The defendant has wrongly heaped up earth and stones on a public road known as...............Street at...........so as to obstruct the passage of the public along the same and threatens and intends, unless restrained from so doing, to continue and repeat the said wrongful act.
1[*2. The plaintiff has obtained the leave of the Court for the institution of this suit.] As in paras . 4 and 5 of Form No . 1]
1. Subs. by Act 104 of 1976, s. 93, for paragraph 2 (w.e.f. 1-2-1977).
*Not applicable where suit is instituted by the Advocate-General.
1. Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grandfather which was executed by an eminent painter], and of which no duplicate exists [ or state any facts showing that the property is of a kind that cannot be replaced by money ] .
1. Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the
property] for [safe-keeping].
2. The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H. ] .
3 . Defendant E. F. also claims the same [under an order of G.H. transferring the same to him.]
4. The plaintiff is ignorant of the respective rights of the defendants.
1. A. B. of K, in the…………………died on the……………. day of….………….……by his last will, dated the........... day of............... he appointed the defendant and M.N. [who died in the testator's lifetime] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable property for the persons who would be the testator's next-of-kin if he had died intestate at the time of the death of the plaintiff and such failure of his issue as aforesaid.
1. He is one of the trustees under an instrument of settlement bearing date on or about the.................day of............................made upon the marriage of E.F. and G.H. the father and mother of the defendant [ or an instrument of transfer of the estate and effects of E.F. for the benefit of C.D. the defendant, and the other creditors of E.F. ] .
2. A.B. has taken upon himself the burden of the said trust, and is in possession of [ or of the proceeds of] the movable and immovable property transferred by the said instrument.
1. By an agreement dated the........... day of................ and signed by the defendant, he contracted to buy of [ or sell to ] the plaintiff certain immovable property therein described and deferred to, for the sum of........................ rupees.
1. On the..............day of..............20............, the plaintiff and defendant entered into an agreement, in writing, and the original document is hereto annexed.
The defendant was absolutely entitled to the immovable property described in the agreement.
1. He and C.D ., the defendant, have been for......................years [or months] past carrying on business together under articles of partnership in writing [ or under a deed, or under a verbal agreement].
Payment into Court
1. See now the Limitation Act, 1963 (36 of 1963).
Payment into Court.— The defendant as to the whole claim ( or as to Rs..........part of the money claimed, or as the case may be ) has paid into Court Rs................................and says that this sum is enough to satisfy the plaintiff's claim (or the part aforesaid).
Performance remitted. —The performance of the promise alleged was remitted on the date).
Rescission. —The contract was rescinded by agreement between the plaintiff and defendant.
Res judicata . —The plaintiff's claim is barred by the decree in suit (give the reference).
Estoppel. —The plaintiff is estopped from denying the truth of (insert statement as to which estoppel is claimed) because (here state the facts relied on as creating the estoppel).
Ground of defence subsequent to institution of suit. —Since the institution of the suit, that is to
say, on the......................day of.................................. set out facts).
No. 1
DEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED
1. The defendant did not order the goods.
2. The goods were not delivered to the defendant.
3. The price was not Rs.
[ or ]
4. 1. 5. Except as to Rs. , same as 2. 6. 3.
1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff.
==> picture [395 x 43] intentionally omitted <==
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|Particulars are as follows:|Rs.|
|1907, January 25th. . . . . . . . . . . . . . . . . . . 150|
|,, February 1st . . . . . . . . . . . . . . . . . . . . . . . . . 50|
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Total 200
1. The defendant denies that the carries mentioned in the plaint was the defendant's carriage, and that it was under the charge or control of the defendant's servants. The carriage belonged to....................... of.....................Street, Calcutta, livery stable keepers employed by the defendant to supply him with carriages and horses; and the person under whose charge and control the said carriage was, was the servant of the said.
1. Denial of the several acts [ or matters] complained of.
No. 7
DEFENCE IN ALL SUITS FOR DETENTION OF GOODS
1. The goods were not the property of the plaintiff.
1. The plaintiff's lights are not ancient [ or deny his other alleged prescriptive rights.]
1. The plaintiff's right to redeem is barred by article………………….…of the Second Schedule to the[1] Indian Limitation Act 1877 (15 of 1877).
2. The plaintiff transferred all interest in the property to A. B.
1. See now the Limitation Act, 1963 (36 of 1963).
No. 13
DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE
1. The defendant did not enter into the agreement.
2. A.B. was not the agent of the defendant (if alleged by plaintiff).
3. The plaintiff has not performed the following conditions—(Conditions).
4. The defendant did not—(alleged acts of part performance).
1. A.B. ' s will contained a charge of debts; he died insolvent; he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of Rs..................., and the testator had some movable property which the defendant got in, and which produced the net sum of Rs............
1. The said will and codicil of the deceased were not duly executed according to the provisions of the Indian Succession Act, 1865[2] (10 of 1865) [ or of the Hindu Wills Act, 1870 (21 of 1870)].
1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto.
1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.
— In suits by legatees
1. It is ordered that the defendant ………….. do, on or before the ………….. day of ………… pay into Court the sum of Rs. ………….. , the balance by the said certificate found to be due from the said defendant on account of the estate of …………….. , the testator and also the sum of Rs. ……… for interest, at the rate of Rs. ……………. per cent. per annum, from the …………….. day of ………….. to the …………. day of …………, amounting together to the sum of Rs. ………………..
1. IT is declared that the defendant is personally liable to pay the legacy of Rs. ………… bequeathed to the plaintiff.
1. LET the …………….. * of the said Court tax the costs of the plaintiff and defendant in this suit, and let the amount of the said plaintiff's costs, when so taxed, be paid by the defendant to the plaintiff out of the sum of Rs. ……………. , the balance, by the said certificate found to be due from the said defendant on account of the personal estate of E.F., the intestate , within one week after the taxation of the said costs by the said ……………….. *and let the defendant retain for her own use out of such sum her costs, when taxed.
1. An account of the credits, property and effects now belonging to the said partnership;
2. An account of the debts and liabilities of the said partnership;
1. In payment of the debts due by the partnership set forth in the certificate of the*………...….. amounting the whole to Rs. ……………
1. That the defendant do put the plaintiff in possession of the property specified in the schedule hereunto annexed.
1. The particulars specified in the schedule below have been stated to the best of the information of the Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation.
1. The number of the Form, originally misprinted as 6, was corrected by Act 10 of 1914, s. 2 and the First Sch.
Source: India Code